TEKRAJ VASANDI ALIAS K.L. BASANDHI Vs. UNION OF INDIA AND OTHERS
HIGH COURT OF DELHI
Tekraj Vasandi Alias K.L. Basandhi
UNION OF INDIA AND OTHERS
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Avadh Behari Rohtagi, J. -
(1.)The Central question in this case is whether the Institute of constitutional and Parliamentary Studies is an instrumentality or agency of the State within the meaning of Art. 12 of the Constitution. The petitioner, a dismissed employee of the institute, has brought this writ petition under Art. 226 of the Constitution. He has challenged the order of his dismissal dated 1st Oct., 1982. He has sought a declaration that he continues in service of the Institute. At the threshold the institute has raised a preliminary objection that it is not amenable to the writ jurisdiction of this Court and the petitioner is incompetent.
(2.)The institute is a literary society registered under the Registration of Societies Act, 1860. It is not a statutory body. The object of this society is to make a specialised study of the "working of the Indian Constitution and Parliamentary and governmental institutions in their various aspects". It is engaged in "study and research of Law and Political Science". It organises lectures on "constitutional problems and matters of current parliamentary interest".
(3.)Parliamentary system of Government is the main duty for which the Institute was founded. We have given ourselves a sovereign democratic republic. The Institute, in a way, was founded to study our own parliamentary system of Government. Many countries have dismantled their apparatus. Many republics have been the happy hunting ground of dictators. So comparative studies in constitutional system of various countries, their problems and processes is an urgent task. This take the Institute has set before itself. Many lawyers and political scientists who have grown grey in the service of learning are devoting themselves to this comparative Study.
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